Coverage & Claims

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Plaintiff Long Island Insurance Company (“LIICO”) instituted a declaratory judgment action and moved for summary judgment against certain defendants, including its insured, Oneil Johnson (“Johnson”), seeking an order that it had no duty to defend or indemnify Johnson in an underlying personal injury action. 

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Read More New York State Court Finds That Insurer’s Nearly Two-Month Delay in Denying Coverage was Unreasonable as a Matter of Law

Syndicate 980 v. Sinco S.A. [2008] EWHC 1842 (Comm), concerned a jurisdiction dispute for claims made in England and in Greece. The Syndicates and Sinco were party to contracts which contained an exclusive jurisdiction clause in favour of the English courts. The Syndicates had commenced proceedings in England which concerned breaches of contract. 

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Read More UK: Commercial Court Considers Aspects of the EC Regulation on Jurisdiction

The Massachusetts Appeals Court recently ruled that an Insured’s willful, unexcused refusal to submit to an examination under oath violated the cooperation clause in its policy resulting in a material breach on the part of the Insured. …
Read More Massachusetts Appeals Court Rules that Insured Cannot Cure Material Breach of Policy Based on its Failure to Cooperate

The Mesothelioma Act (Northern Ireland) 2008 (the Act) was given Royal Assent on 2 July 2008.  The Act allows victims with diffuse mesothelioma or their dependants to claim a lump sum payment from the government. This new Act allows even those victims who did not have workplace exposure to asbestos to claim a payment under the Act. …
Read More UK: Legislation Extends Government Compensation for Mesothelioma Victims

The Supreme Court of Alabama recently reversed summary judgment in favor of an insurer on an “abnormal” bad faith claim, ruling that genuine issues of material fact existed as to whether the insurer failed to properly investigate the insured’s claim and failed to investigate the condition of the insured’s house prior to the hurricane that allegedly caused the damage. 

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Read More Supreme Court of Alabama: “Abnormal” Bad Faith Claim Improperly Dismissed

In a recent decision originating from the United States District Court for the Southern District of New York, on remand from the Second Circuit Court of Appeals, the court held that (i) there was no basis for finding that joint liquidators for a Bermuda insurer were deficient or engaged in any misconduct, or that their actions resulted in any prejudice to reinsurer Commercial Union and (ii) that vacating the underlying arbitration award and granting injunctive relief would confer an undeserved benefit on Commercial Union. …
Read More Federal Court Rules That Reinsurer Was Not Prejudiced By Redomestication of Insurer Carried Out Through Deceit

The Connecticut Supreme Court recently reversed a lower court decision and held that the failure to charge a jury on an insurer’s special defense of late notice was harmful error. 

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Read More Connecticut Supreme Court: Failure to Submit Insurer’s Special Defense of Late Notice to Jury was Harmful Error

Midwest Employers Casualty Company (“MECC”) filed suit against Legion Insurance Company in the United States District Court for the Eastern District of Missouri seeking a declaration with respect to its liability under forty-three reinsurance contracts issued to Legion. 

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Read More Insolvent Insurer Ordered to Produce Documents Related to its Reinsurance